22 Jan North Macedonia violated the right to peaceful enjoyment of possessions

The European Court of Human Rights issued a ruling concerning a case brought against North Macedonia by 10 individuals. These individuals had sued the country for not fully compensating them for land that was nationalized during the time when North Macedonia was part of socialist Yugoslavia.

The Court found that the state had violated the individuals “right to the peaceful enjoyment of possessions” as outlined in the European Convention on Human Rights. As a result, the court awarded each applicant 3,000 euros in non- pecuniary damages. However, the question of pecuniary damages, which would cover the actual monetary losses suffered by the applicants, was not decided at this time. 

The applicants had requested almost 1.3 million euros in pecuniary damages. The court has given both parties three months to submit written observations on the matter and to notify the court of any potential agreement they might reach regarding pecuniary damages.

The case involves two plots of land in North Macedonia that were nationalized in the 1950s by the authorities of socialist Yugoslavia. The current legal successors of the original owners received a portion of the land back through a process of restitution. However, they have sued the state in Strasbourg for failing to return or compensate them for the remaining part of the land, which is now occupied by commercial buildings and public roads.

North Macedonia, declared its restitution process complete in 2013, resolving around 30,000 cases. The state has not disclosed the exact amount paid in compensation, but unofficial estimates suggest it to be around 300 million euros, primarily in the form of state bonds. 

The European Commission has raised concerns, noting that over 5,000 denationalization cases are still in the first-instance phase of resolution and make up the majority of complaints received by the Ombudsperson’s Office. The Commission’s report highlighted the need for improvements in North Macedonia’s property rights enforcement procedures, citing lengthy and expensive processes for citizens. The lack of a central institution and coordination between the numerous institutions involved in handling these rights has been identified as a major problem.

The Ombudsperson’s Office has confirmed receiving more than 4,000 complaints related to denationalization. Legal experts have warned that if these cases reach the Strasbourg court, the state could potentially face substantial damages payments.

Reference from Balkan Insight